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To find out if you are an heir or not, we invite you to read the deceased’s will to see how legacies are provided for. If you have difficulty understanding the will, we invite you to contact a notary for advice. To find out whether a will exists, you must perform a will search in the Register of Testamentary Dispositions of the Chambre des notaires du Québec. You will obtain a search certificate and, if applicable, the contact information of the notary holding the document you are looking for. To conduct your search, you need the deceased’s death certificate issued by the Registrar of Civil Status. It is possible for you to order it directly from the Registrar of Civil Status without the need to contact the new spouse of your mother or father. Note that you must make two will search requests: one with the Chambre des notaires du Québec and the other with the Barreau du Québec.

Unfortunately, the Chambre des notaires is unable to trace notarial wills executed before that date. If the will is that of a person who died before 1994 and that person owned immovable property, a copy of the will may be obtained by consulting the land register. Indeed, before 1994, wills were published in the land register at the same time as the declaration of transmission of the immovable. Otherwise, you may search by identifying the notaries who practised in the municipality where the deceased resided and calling each of them.

The Chambre des notaires does not publish document templates online, as notarized documents are written according to the needs of individuals and may vary from one person to another. For example, a will is a personalized document that must accurately reflect the testator’s last wishes. There are indeed models and forms. Legally, however, they are the same as holograph wills or wills made in the presence of witnesses and are thus subject to a probate procedure after death. This procedure entails additional costs and delays. As for a notarial will, it has the advantage of being drawn up by a notary who ensures that the document faithfully reflects the testator’s last wishes and that it meets all validity conditions required by law. In addition, a notary keeps the original in a safe place and records the existence of the will in the Register of Testamentary Dispositions of the Chambre des notaires. Finally, a notarial will takes effect upon death, without any probate procedure.

A change must be made by a will, in one of the three accepted forms. A testator may set their wishes down entirely in handwriting and sign their testament. This is called a “holograph will.” A testator may also make a will made in the presence of witnesses (like the one prepared by a lawyer). In this case, the changes are written by hand by someone other than the testator, or using a typewriter or on a computer. The testator must sign the document in the presence of two witnesses. Finally, there is the notarial form, where the testator goes before a notary, who will prepare the will and have it signed. It is important to note that for the first two forms, the validity of the will must be verified by a notary or judge after death through a probate procedure. Doing so is time-consuming and costly, not to mention the fact that the changes will be rejected if they do not meet the conditions established by law. A notarial will is often the most cost-effective solution in the long term, because there are no formalities to be completed to validate the will after death given that it is valid by its signing alone. We invite you to contact a notary for more information.Il est important de noter que pour les deux premières formes, il faudra faire la vérification de la validité du testament par un notaire ou un juge après le décès. Cette procédure est longue et coûteuse sans mentionner le fait que la modification sera rejetée si elle ne respecte pas les conditions établies par la loi. Le testament notarié reste souvent la solution la plus économique à long terme, car au décès, il n'y a aucune formalité à accomplir pour le valider puisqu'il est valide par sa seule signature. Nous vous invitons à communiquer avec un notaire pour obtenir plus d'informations.

A will allows you to express your wishes regarding the distribution of your property after your death. You can designate the person or persons to whom the property will be bequeathed and the share that each will receive. If you do not have a will, the law will decide on your heirs and their shares.

No. Only the testator or a notary mandated for this purpose who has the testator’s authorization may obtain a copy of a person’s will while they are still alive. A testator can obtain a copy of their will by contacting their notary directly. If the testator does not have their notary’s contact information, they may contact the Chambre des notaires. If the testator does not know the name of the notary who executed their last will, they will have to request a will search in the Register of Testamentary Dispositions of the Chambre des notaires. If the testator lives in the Montréal area, they may apply in person by providing two pieces of photo identification and paying a fee of $23.00 (taxes included). If the testator is unable to travel or if they live in a remote area, they may contact the notary of their choice who will send a request for a search in the Register on presentation of two pieces of identification. The testator will obtain a search certificate bearing the name of the notary and the date of the last will from the Registrar. Note that a search request for a living person cannot be made by mail. Le testateur peut obtenir une copie de son testament en communiquant directement avec son notaire. Si le testateur ne connaît pas les coordonnées de son notaire, il peut communiquer avec la Chambre des notaires. Si le testateur ignore le nom du notaire qui a reçu son dernier testament, il devra présenter une demande de recherche auprès du Registre des testaments de la Chambre des notaires. Si le testateur habite dans la région de Montréal, il peut présenter sa demande en personne en fournissant deux pièces d'identité comportant une photo et en payant les frais de 23 $ (taxes incluses). Si le testateur ne peut pas se déplacer ou s’il habite en région éloignée, il peut s'adresser au notaire de son choix qui, sur présentation des deux pièces d'identité, pourra transmettre une demande de recherche au Registre. Le testateur obtiendra du Registre un certificat de recherche portant le nom du notaire et la date du dernier testament. Notez qu'une demande de recherche pour une personne vivante ne peut pas être présentée par la poste.

In a real estate transaction (sale of a home, condo or piece of property), the notary works for both the seller and the buyer, even though he or she is chosen by the buyer. As the notary works for both parties, each party must cover the costs associated with the verifications and disbursements made on its behalf.

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Cases of identity theft and fraudulent sale of property are rare. The strict control mechanisms put in place by the Chambre des notaires to prevent mortgage fraud partly explain this low rate of occurrence. Indeed, notaries are required to verify the identity of persons signing a contract before them by means of a driver’s licence, health insurance card or passport, for example. In addition, the Chambre des notaires has also taken measures to help persons who are victims of real estate fraud. We invite you to contact your notary if you have any concerns about your property.

The revocation of a will is done by signing an act of revocation. An act of revocation signed at a notary’s office must be registered in the Register of Testamentary Dispositions of the Chambre des Notaires du Québec. If the act is not notarized, additional steps will be required to validate the act of revocation at the time of your death. On the other hand, making a new will will nullify the old one, save for some exceptions. You do not have to deal with the notary who executed the will to have it annulled, and you may use another notary. Also, if you want to have a deceased person’s will annulled, you will have to go to court. You will have to prove that the deceased person did not have the legal capacity to make a will or that they were coerced. We invite you to contact a notary for more information on your rights and obligations.Par ailleurs, si vous voulez faire annuler le testament d'une personne décédée, vous devrez vous adresser au tribunal. Il vous faudra faire la preuve que la personne décédée n'avait pas la capacité légale de faire un testament ou qu'elle a été influencée. Nous vous invitons à communiquer avec un notaire pour plus d'informations sur vos droits et vos obligations.

It is difficult to protect oneself against fraud. However, certain protective measures should be applied. When you deal with a notary, you may check whether there have been any complaints against them with the Chambre des notaires. We invite you to contact us to find out if your notary has a disciplinary file. You should also know the Chambre des notaires has very rigorous monitoring and auditing mechanisms for notaries’ trust accounts. There is a compensation fund for victims of a notary who has used the sums in their trust account for purposes other than those for which they were intended.

The process of analyzing a situation to determine whether there is any liability on the part of a notary is complex and a matter of legal opinion. The facts of a case may influence the answer and must be analyzed. If you believe that a notary has committed professional misconduct, we invite you to consult a notary or a lawyer for their opinion on the matter. You may have the notary’s liability recognized and be compensated by going to the civil court that has jurisdiction (Small Claims Division, Court of Québec, Superior Court, depending on the amount claimed). You will have to prove that the notary failed to act in a prudent and diligent manner and that this directly caused you harm. All notaries and former notaries in Quebec are insured for professional misconduct committed in the course of their professional practice. They are insured by the Professional Liability Insurance Fund of the Chambre des notaires du Québec (FARPCNQ). Thanks to professional liability insurance, the client of a notary is assured that the notary can deal with the financial consequences that may arise from their professional misconduct or errors, subject to the conditions stipulated in the insurance contract. Notaries are in breach of their professional ethics when they fail to fulfill their obligations through their conduct, their lack of integrity or diligence or any other infraction of the Professional Code, the Notaries Act, the Code of ethics of notaries or the other regulations to which they are subject. If you have doubts about a notary’s ethical conduct, you can report a breach of professional ethics by a notary to the Chambre des notaires du Québec. You must provide all the information and documents supporting your report and provide your contact information so that you may be contacted. To submit a request for an inquiry, complete the inquiry request form online or on paper, and send it by fax or mail with all supporting documents.

Note that the Chambre des notaires does not hold any notarial deeds. Deeds executed by notaries are not sent to the Chambre, instead notaries keep the deeds in their own records and only report the existence of testamentary dispositions and protection mandates to the appropriate registers. If you would like to search for a will or protection mandate, we invite you to read the relevant procedure.

Depending on the situation, deeds can also be kept by a provisional custodian, an assignee or the Superior Court.

To obtain a copy of a notarial deed, you must:

If you know the name of the notary who executed the notarial deed, use the Find a notary search tool (second tab called “Check whether a notary is registered on the Order’s listing”).

o Make sure to enter the exact spelling of the first name and last name, as registered in the Order’s roll, otherwise you will not get any results.
o The search results will indicate the contact information of the notary and/or the holder who can deliver an authentic copy of the deed, subject to providing the required proofs and professional secrecy.
o If there are multiple holders, refer to the year of the deed you are looking for to get the contact information of the current holder.

If you don’t know the name of the notary who executed the notarial deed, use the Find a notary search tool (first tab called “Find a notary in private practice”) to find a notary nearby who can help you with the process.

A decision regarding organ and tissue donation (acceptance or refusal) may be recorded in a notarial act, usually in a will or a protection mandate. The notary may also proceed by act of deposit. But regardless of the act chosen, it is its authentic (or notarized) character that is of interest as it assures relatives that the decision was made freely.

Identity verification is carried out by means of two pieces of ID from reliable and independent sources, and at least one must include a photo.

Since the abolition of the mandatory notarial tariff in 1991, fees have been regulated by the Code of ethics of notaries. This Code provides that professional fees must be fair and reasonable according to certain criteria, including the time and effort devoted to the file, its complexity, and the notary’s experience and expertise. Contact your notary to find out more about their professional fees, taxes and the costs of opening a file.

The objective of family mediation is to help spouses reach a fair agreement with respect to the effects of the separation. It is carried out in the presence of a mediator who will help them reach this agreement. Mediation fosters communication between the parties. Mediation may be limited to the partition of property or the custody of children.

This will is executed before a notary and a witness. It offers the greatest benefits.

Quebec law recognizes three forms of wills: notarial wills, holograph wills and wills made in the presence of witnesses. A notarial will is drawn up according to your instructions by a notary. With the notary’s professional legal drafting skills, your last wishes will be expressed clearly and in accordance with the requirements of the law.

As a result of the pandemic physical distancing rules, it has been possible to sign notarial acts remotely using the technology-based notarial act since April 1, 2020.

In Quebec, there are two registers of testamentary dispositions: that of the Chambre des notaires du Québec and that of the Barreau du Québec. Provided that an application is filed with all required documents, the time limits for obtaining search certificates are calculated in the same way for both registers: • If the death occurred less than two weeks ago, your search certificates will be mailed within three weeks of receiving your application. • If the death occurred more than two weeks ago, your search certificates will be mailed within two weeks of receiving your application.

The Chambre des notaires du Québec invites the public be cautious and consult a notary before performing any act that could be considered an act of acceptance of the succession. This is particularly important if you are not yet sure whether or not you will accept the deceased’s succession. A notary will protect you by explaining what you may and may not do. Additionally, until the will search is complete, you may not have the deceased’s last will. If you are not a liquidator or heir under the last will, you could be disposing of property that belongs to others.

Only the notary who executed the will, or the assignee (if the notary is deceased or retired) may issue a certified copy of a will. You must therefore contact your notary to obtain a new authentic copy of the will. If you do not have the contact information for this notary, you may search the roll of the Order with our Find a Notary tool or call the Chambre des notaires. If you do not know the name of the notary who executed the will, you can perform a will search in the Register of Testamentary Dispositions of the Chambre des notaires du Québec either by making an appointment with a notary or by going in person to the Chambre des notaires with two proofs of identity. Please note that the Chambre des notaires does not hold any notarial deeds. The deeds received by notaries are not transmitted to the Chamber, but rather kept by the notaries in their office. Thus, notaries only declare the existence of testamentary dispositions and mandates of protection to the appropriate registers.

If you are a citizen of France and live in Quebec, you may give a person in France a power of attorney to sign a juridical act on your behalf. The Chambre des notaires and the Conseil supérieur du notariat français have signed a cooperation agreement that allows Quebec notaries to execute any authentic power of attorney given for a notarial act in France without having to resort to the legalization or apostille procedure. There are a series of steps that must be followed in order for a genuine power of attorney to be validly executed. Consult the appropriate authorities for instructions on how to proceed.

The notarized protection mandate ensures you have a customized solution that takes into account your property, family and social situation.

The Chambre des notaires does not have a price list. Since the abolition of the mandatory notarial tariff in 1991, fees have been regulated by the Code of ethics of notaries. Fees are based on several criteria, including the time and effort spent on a mandate, its complexity and the notary’s expertise. We invite you to contact your notary for more information on their fees, taxes and the costs of completing a mandate.

For transactions involving a sum of money, the notary will let you know that they must carry out certain verifications before transferring the amount to you.

Please note that notaries are subject to physical distancing rules. They should not expose themselves, their clients or their staff to risk. En plus des directives données aux notaires devant tenir des rencontres physiques avec leurs clients, la Chambre des notaires, en collaboration avec des partenaires et le gouvernement, a développé une solution alternative : l’acte notarié technologique accessible depuis le 1er avril 2020.Please note that notaries are subject to physical distancing rules. They should not expose themselves, their clients or their staff to risk. Please note that notaries are subject to physical distancing rules. They should not expose themselves, their clients or their staff to risk. In addition to the guidelines given to notaries who must hold physical meetings with their clients, the Chambre des notaires, in collaboration with its partners and the government, has developed an alternative solution: the technology-based notarial act, available since April 1, 2020.

Wills are confidential documents. Upon the death of the testator, only the persons affected by the succession may consult it. An heir may ask the liquidator for a copy of the provisions of the will that concern them. If a person is named as a legatee by particular title of material property identified in the will, they have the right to obtain information concerning their legacy. If they are designated the legatee of a share of the entirety of deceased’s property, they may request a full copy of the will, not just a part of it. Note, however, that since the entry into force of the new Code of Civil Procedure, notaries are required to inform the heirs and the persons who would have inherited in the absence of a will of the existence of a deceased’s will. If a notary refuses to do so, an application may be filed with the court. We invite you to search the Register of Testamentary Dispositions of the Chambre des notaires du Québec and the Barreau du Québec to find the name of the notary who executed the last will.

Quebec law recognizes three forms of wills: notarial wills, holograph wills and wills made in the presence of witnesses. A notarial will is drawn up according to your instructions by a notary. With the notary’s professional legal drafting skills, your last wishes will be expressed clearly and in accordance with the requirements of the law. A notarial will takes effect upon death and is not subject to probate. The law recognizes notaries’ status as a public officers, which enables them to invest wills with authenticity. Once they execute the will, the notary will also register your will in the Register of Testamentary Dispositions of the Chambre de notaires du Québec. As the notary must keep the original in a safe place, it is protected against loss or damage and may easily be traced after the testator’s death. A holograph will is a document entirely handwritten and signed by the testator. When the succession is opened, the holograph will must be probated by a notary or a court. This procedure requires a sworn declaration by a person who is not mentioned in the will and is familiar with the deceased’s handwriting and signature. It also generates significant costs in addition to considerably delaying the liquidation of the succession. A will made in the presence of witnesses is a document that need not be written by the testator, but must be signed by the testator and two witnesses at the same time. It must also be probated by a notary or the court after the testator’s death. One of the witnesses will be called to confirm that the formalities are compliant. We invite you to contact a notary for more information.

A liquidator is an administrator of a succession’s property. They are responsible for ensuring the complete execution of the deceased’s wishes and performing each of the steps in the liquidation of a succession. Any succession, whether it be testamentary or legal (without a will, also known as an intestate succession), must be settled by a liquidator. The person designated as liquidator is usually a trusted relative or friend of the testator. In a legal succession, this role is given to the heirs. They can perform their duties collectively, share the tasks, or designate one heir to act as liquidator. If the heirs do not agree among themselves, the court will appoint the liquidator of the succession. We invite you to contact a notary for more information on your rights and obligations.Dans une succession légale, ce rôle est dévolu aux héritiers. Ces derniers peuvent jouer collectivement ce rôle, se partager les tâches ou encore désigner l'un d'entre eux pour agir à titre de liquidateur. Si les héritiers ne s'entendent pas entre eux, c'est le tribunal qui désignera le liquidateur de la succession. Nous vous invitons à communiquer avec un notaire pour plus d'informations sur vos droits et vos obligations.

Drawing up a will or a protection mandate is a juridical act that only notaries and lawyers are authorized to do for others. If a person offers you their services to draw up your will or power of attorney and they are not a notary or lawyer, they are exceeding their rights. The Chambre des notaires must be informed of the existence of such a practice. Do not hesitate to contact us.

In principle, there is no statutory time limit for sending documents. The notary must, however, exercise due diligence. A client who needs copies within a specific time frame should agree with the notary on a time limit to obtain them. If the situation persists, we invite you to send a written request to the notary, giving them ten days to send you the documents. If you still do not get your documents, you may file a request for an inquiry with the Office of the Syndic of the Chambre des notaires.

To obtain a copy of a marriage contract, you must contact the notary who executed it. If you do not have the contact information for this notary, you may search the roll of the Order with our Find a Notary search engine or call the Chambre des notaires.  If you do not know the name of the notary who executed it and you have had notarial acts executed since your marriage, for example to buy property, or for a mortgage or a sale, these may contain information about your marriage contract. Moreover, if your marriage took place after 1994, you may consult the Register of Personal and Movable Real Rights (RPMRR). If your marriage took place before 1994, the RPMRR is less reliable, but you should still be able to find the information. Otherwise, it will be difficult for you to find.

Notaries are required to keep the original patrimonial inventory in a safe place and to enter it in a register at the Chambre des notaires du Québec, which makes it much easier for the liquidator or mandatary to find the document. The notary will keep your patrimonial inventory safe, which is wise given the risks of fraud and identity theft.

A notary will send the creditor the loan repayment, have the acquittance signed and then file it in the land register so that the mortgage discharge can be registered. There are administrative delays with the creditor for reviewing the draft acquittance and with the land register for processing the application for registration of the acquittance. It is thus normal for several weeks to go by before you receive the signed published document. If you are a seller and your notary has withheld funds in their trust account for the payment of their fees, be aware that they may not collect them until the acquittance is published. Once this is done, they should send you the invoice, marked “Paid,” to inform you that the work has been done and paid for. In practice, the seller does not necessarily receive a copy of the acquittance, as it will be sent to the buyer with the titles of ownership. However, if you wish to obtain one, we invite you to contact your notary. If you have not received anything after several months, send a written request to the notary in question, indicating that they have ten days to comply. If you still do not get your documents, you may file a request for an inquiry with the Office of the Syndic of the Chambre des notaires.

In principle, there is no statutory time limit for sending documents. The notary must, however, exercise due diligence. A client who needs copies within a specific time frame should agree with the notary on a time limit to obtain them. If the situation persists, we invite you to send a written request to the notary, giving them ten days to send you the documents. If you still do not get your documents, you may file a request for an inquiry with the Office of the Syndic of the Chambre des notaires.

Yes. Signatures do not have to be reproduced for a copy of a notarial act to be considered authentic. They can be missing altogether or they can be mechanically reproduced (e.g., the document can be signed with the person’s first and last name). By making sure that your signature does not appear on authentic copies, your notary helps prevent forgery of your signature. If any third parties (such as banks or government offices) refuse to accept an authentic copy for that reason, you can refer them to the notice dated October 23, 2015, that the Chambre des notaires sent to all notaries.

The protections stipulated by the Civil Code of Québec for legally married couples do not apply to de facto (common law) spouses. This is why it is important to have a written document that ensures the spouses’ legal protection. It allows them to set out their rights and obligations towards each other in advance, as well as the manner in which they would like to partition their property in the event of a separation. It also sets out each spouse’s contributions and responsibilities in their life together (“community of life”), including how expenses will be shared, for example. A de facto union agreement drawn up by a notary specializing in family law therefore provides excellent protection against the vicissitudes of life as a couple. C’est pourquoi il est important d’avoir un document écrit, qui assure la protection légale des conjoints. Elle leur permet de prévoir les droits et obligations l’un envers l’autre, et la façon dont ils souhaitent établir le partage de leurs biens en cas de rupture. Il prévoit aussi les contributions et les responsabilités de chacun durant leur vie commune, de quelle façon les dépenses seront partagées par exemple. La convention d’union de fait rédigée par un notaire, spécialiste du droit familial, vous assure donc une excellente protection contre les aléas de la vie à deux.

A notary must obtain a financial institution’s signature on the acquittance, and some financial institutions take several weeks to review files before signing. The notary must then register the acquittance in the land register so that the creditor’s mortgage rights are officially cancelled. Land registry processing times also vary from one location to another. In general, the time limit to register cancellations in the land register is longer than that to register rights. There are thus many steps to be completed before you receive a copy of the acquittance. The notary’s obligation is to exercise due diligence. We suggest that you call your notary’s office or your financial institution to verify the status of your request. If you have not received your copy after six months, write to the notary in question and give them ten days to send it to you. If you still do not get an answer, you may file a request for an inquiry with the Office of the Syndic of the Chambre des notaires.

It is preferable to have a notarized protection mandate in case of incapacity, as the mandator thus benefits from the notary’s advice, which will result in a document that is well adapted to their wishes and needs. No witnesses are required. The original will be kept in the notary’s records. The notary can then issue authentic copies when necessary. There is thus no risk of losing this valuable document. In addition, its existence will be recorded in the Register of Mandates of the Chambre des notaires du Québec. This will make it easier for the mandator’s family where necessary. Note also that there are two components to the homologation of a protection mandate signed in the presence of two witnesses only. Incapacity must be proven and the validity of the mandate must be also be proven before a judge can authorize a mandatary to act. There are additional steps to be taken with respect to the homologation of a notarized protection mandate, as the procedure for homologation of a notarial mandate is only intended to establish incapacity and authorize the mandatary to act.